2 the mcmechan reservoir development

Open letter to Mayor Cumming, Vernon, B.C.
16th
November, 2021
Dear Mayor Cumming
At the present time the McMechan Reservoir is approximately
half filled. The base has the original clay lining. The asphalt that
lined the sloping sides of the Reservoir has been removed.
Precipitation can only be dispersed by evaporation, and seepage
into the base of the fill that forms the new sloping sides, there
being no runoff.
The Dugout, that lies in the north west corner, between the
remaining unfilled part of the Reservoir. Uplands and 43rdl Av.,
has no lining at all. Precipitation is dispersed by evaporation and
seepage only, there being no runoff.
The amount of rain that has fallen in the first two weeks of the
present month is equal to the average for the whole of November
over previous years. It is very likely that future Grading and
Drainage Plans for the dispersal of Storm Water will have to
account for volumes of precipitation greater than previously
recorded.
I respectfully request that the City initiate a Geotechnical
Assessment to establish the risk to neighboring properties caused
by precipitation on the partially developed McMechan Reservoir
site.
Yours truly.
Barry Stanley

I obtained the following information from minutes of meetings,
reports, and B.C. Government documents.
The soil of Vernon East Hill, including Uplands and the
McMechan Reservoir is Glaciolacustrine, which is prone to
slides and instability.
The McMechan reservoir has been there 100 years.
1989 - 1990 Uplands was built on the site of the Mori’s nursery.
Below was the Mori’s home and orchard.
At that time surplus water in the reservoir was drained off
through the orchard. Seepage was minimal as the reservoir had a
clay lining.
1992 August.
City of Vernon: Subdivision and Development Servicing Bylaw
384. Amended 1993.
[Very detailed but no reference to impact of Developments on
the surrounding properties.
See- 2013 THE CORPORATION OF THE CITY OF
VERNON Building and Plumbing Bylaw Number 4900]
2002, May
STORMWATER PLANNING:A GUIDEBOOK FOR BRITISH
COLUMBIA

PART A – WHY INTEGRATED STORMWATER
MANAGEMENT?
1-9
1.4 Local Government Responsibility for Drainage
The courts see the impact of drainage on property as a
‘nuisance’, where a landowner’s use
and enjoyment of his or her lands are interfered with as a result
of actions or conduct on
neighbouring lands.
-- With the statutory authority for drainage, local governments
can be held liable for the
nuisance caused by drainage to downstream property owners.
[From the above it would appear that, since there is no run off
from a Reservoir, 55% of precipitation will seep into deep
groundwater, unless contained by a lining: and the City is liable
for any subsequent impact on the neighbouring homes]

2003
Local Government Act:
h;ps://www.bclaws.ca/civix/document/id/complete/statreg/r1500
1_08#sec9on285
Section 285 says:
“Disposition of land and improvements
285 (1)Subject to subsection (2), if a board intends to dispose of
land or improvements, it must make the land or improvements
available to the public for acquisition.
(2)The requirement under subsection (1) does not apply if the
disposition is:
(a)to a not-for-profit corporation,
(b)to a public authority,
(c)to a person who, as part of the consideration for the
disposition, will exchange land or an improvement with the
regional district,
(d)to a person under a partnering agreement that has been the
subject of a process involving the solicitation of competitive
proposals, or
(e)a disposition of land to an owner of adjoining land for the
purpose of consolidating the lands.”
COMMUNITY CHARTER [SBC 2003] CHAPTER 26. Part 3
— Additional Powers and Limits on Powers: Division 1 —
Partnering and Other Agreements
Division 3 — Municipal Property
Notice of proposed property disposition

26 (1) Before a council disposes of land or
improvements, it must publish notice of the proposed
disposition in accordance with section 94 [public
notice].
(2) In the case of property that is available to the public for
acquisition, notice under this section must include the following:
(a)a description of the land or improvements;
(b)the nature and, if applicable, the term of the
proposed disposition;
(c)the process by which the land or
improvements may be acquired.
(3) In the case of property that is not available to the public for
acquisition, notice under this section must include the following:
(a) a description of the land or improvements;
(b)the person or public authority who is to acquire the property
under the proposed disposition;
(c)the nature and, if applicable, the term of the proposed
disposition;
(d)the consideration to be received by the municipality for the
disposition.
Requirements for public notice
94 (1) If this section applies, the applicable notice
must be
(a)posted in the public notice posting places,
and
(b)published in accordance with this section.
(2) Subject to subsection (4), publication under subsection (1)
(b)

(a)must be in a newspaper that is distributed at
least weekly
(i) in the area affected by the subject
matter of the notice, and
(ii) if the area affected is not in the
municipality, also in the municipality,
and
(b)unless otherwise provided, must be once
each week for 2 consecutive weeks.
(3) The obligation under subsection (2) may be met by
publication of the notice in more than one newspaper, if this is
in accordance with that subsection when the publications are
considered together.
(4) If publication under subsection (2) is not practicable, the
notice may be given in the areas by alternative means as long as
the notice
(a)is given within the same time period as
required for publication,
(b)is given with the same frequency as
required for publication, and
(c)provides notice that the council considers is
reasonably equivalent to that which would be
provided by newspaper publication if it were
practicable.
(5) As an exception, subsection (4) (b) does not apply in relation
to an area if the alternative means is by individual distribution to
the persons resident in the area.
(6) If the same matter is subject to 2 or more requirements for
publication in accordance with this section, the notices may be
combined so long as the requirements of all applicable
provisions are met.

(7) A council may provide any additional notice respecting a
matter that it considers appropriate, including by the Internet or
other electronic means.
2003
[McMechan Reservoir] Zoned – Comprehension Development
Area 6, within the City boundaries
Zoning Bylaw – 5000
2004
Greater Vernon Master Water Plan. Executive Engineering,
Executive Summary.
“The new, enclosed McMechan Reservoir, currently under
design, will be commissioned in early 2005. This will eliminate
the use of the old open reservoir at the site-a key part of
achieving the drinking water public health protection goals.”
[In 2006 the McMechan Reservoir was decommissioned.
Precipitation accumulated,, contained by the lining, ponds
formed requiring the City to drain them following complaints by
residents of Uplands [about 2009 10]Presumably the water was
drained through 43rd av.
Following the decommissioning of the Reservoir the pump house
was updated, including some covered water storage, as part of
the Greater Vernon Master Water Plan]

2010, May.
Guidelines for Legislated Landslide Assessments Revised May
2010 for Proposed Residential Development in British
Columbia. Association of Professional Engineers and
Geoscientists of British Columbia Appendix 2
2. PROJECT ORGANIZATION AND RESPONSIBILITIES
2.1 COMMON FORMS OF PROJECT ORGANIZATION
Landslide assessments for subdivision approvals---
2.2.1 The Client
-locations of existing, proposed and anticipated elements at risk
on and, if required, beyond the property.
2.2.2 The Qualified Professional
- consider both landslides and their consequences on the
residential development, and the consequences of the residential
development on landslides on and, if required, beyond the
property.
2.2.3 The Approving Authority
Before the landslide assessment is initiated it is helpful if the
Approving Authority:
• informs the Client why a landslide assessment is required;
• informs the Client, if applicable, of the adopted level of
landslide safety for
residential development in the approving jurisdiction, and
• provides the Client with guidelines, if they exist, for carrying
out a landslide
assessment and/or preparing a landslide assessment report.
3. GUIDELINES FOR PROFESSIONAL PRACTICE
3.6 MEASURES TO REDUCE LANDSLIDE HAZARDS
AND/OR LANDSLIDE RISKS
Stabilization or protective works must not transfer landslide
hazards and/or landslide risks to other properties.

[ These Guidelines, while best practice, were not mandated by
the City. I eventually, through freedom of information,
confirmed that the City made no effort to assess the risk of the
Reservoir Development to the structural integrity of surrounding
homes. Neither did the City require the Developer to do such
assessments.]
2013 April 13th,
Review of Landslide Management in British Columbia. Ministry
of Forests, Lands and Natural Resource Operations Province of
British Columbia.
Recommendation 9: The Province should encourage local
governments to enact bylaws and policies
to guide development away from areas at risk of landslides and
to require the use of qualified
professionals to assess the risk in hazard zones
[ As far as I know the City has not implemented any such
bylaws]

2013, October
British Columbia Ministry of Agriculture Farm Water
Dugouts
Preface The purpose of this manual is to guide agricultural
producers in the proper construction and maintenance of a
dugout.
3.7 Reservoir Sizing
Evaporation rate is an important factor in reservoir sizing. The
shape of a reservoir can also affect the quantity of stored water.
A deeper reservoir is more efficient because it has less surface
area for the same capacity, and thus loses less water to
evaporation.
4.2.2 Reservoirs Located on Uneven Ground
For reservoirs located on uneven ground, berms can be
constructed on the lower sides of the reservoir using the
excavated earth to enable more water to be stored. To do this,
strip the topsoil down to the subsoil where the berm is to be
located, and then build up the bermed area with compacted
subsoil to a level two feet higher than water level. This will
prevent seepage loss under the berm and overtopping of the
berm from wave action. In order to provide reservoir sealing,
and prevent seepage, a soil clay content of greater than 15% is
needed. Otherwise, alternatives such as geotextile liners may

have to be used. Keep in mind that if the berm structure is too
high then it may be classed as a dam and have regulatory over
site. It is recommended that regulatory authorities should be
contacted when constructing large water reservoirs.
4.2.4. Clay Lining
If a source of good heavy clay is available, it may be feasible to
haul and spread the clay over the problem areas and use packing
equipment to pack the material into place to form an
impermeable layer. – The thickness of the clay liner that will be
required depends on the clay, but should be at least one and one
half to three feet thick. [45-90 cm]
[While this is taken from the Manual for Farm Dugouts clearly
the Reservoir clay lining must have been, at the least, the same
thickness in order to contain such a large body of water over so
many years. It would surely be a major undertaking to dig it up
and remove it from the site]
[In 1996+ the orchard was replaced by the present housing. At
this point the excess water was drained down 43rd av. No doubt
that would account for the water backing up through the grids,
as has been observed.]

2013
City of Vernon 2013 Annual Report
Building and Inspections is a Department within the Community
Development Division and is responsible for the administration
and enforcement of the B.C. Building Regulations and other
applicable development regulations. The Department is
primarily responsible for the review and issuance of building
permits, field reviews and inspections of construction projects,
and general assistance to the citizens of Vernon. The regulatory
framework is contained in Building and Plumbing Bylaw #4900.
This Department is also responsible for Business Licensing.
[Yet, the Building and Inspections Dept/City of Vernon bears no
responsibility or accountability for any adverse consequences to
surrounding properties, of any Development they “administer
and enforce”]
2013
THE CORPORATION OF THE CITY OF VERNON
Building and Plumbing Bylaw Number 4900
1.2 PURPOSE OF BYLAW:

1.2.2 This Bylaw is enacted and retained for the purpose of
regulating construction within the City in the general public
interest.
1.3.5 No person shall rely upon any permit as establishing
compliance with this bylaw or assume or conclude that this
bylaw has been administered or enforced according to its terms.
The person to whom the building permit is issued and their
representatives are responsible for making such determination.
SECTION 12 - DISCLAIMER OF WARRANTY OR
REPRESENTATION:
12.1 Neither the issuance of a permit under this Bylaw, the
review and acceptance of the drawings, plans and specifications,
nor inspections made by a Building Official, shall constitute a
representation or warranty that the Building Code or this Bylaw
has been complied with or that the building or structure meets
any standard of materials and workmanship. No person shall
rely on any action, acceptance or inspection carried out by a
Building Official as assurance in establishing compliance with
the Building Code, this Bylaw or any standard
"To deliver effective and efficient local government services
that benefit our citizens, our businesses, our environment and
our future"
[ Developers decide whether they themselves are complying with
the conditions of the permits issued by the City.]
2015
Five Year Financial Plan 2015-2019. City of Vernon
Department Summary: LAND SERVICES (130)

Budget Year: 2015 Manager: Brett Bandy
Division: Corporate Services Accounting Reference: 130
Stage: Approved
-Targeted projects for Land Services in 2015 include:
recommendations to Council regarding the
development potential of City owned, Downtown properties;
completion of the subdivision of the McMechan Reservoir
Lands and a report to Council on disposition options;-

2015
GEOLOGICAL SURVEY OF CANADA. OPEN FILE 7897
EXAMPLES OF COMMON LANDSLIDE TYPES IN
CANADA
Canadian Technical Guidelines and Best Practices related to
Landslides: a national initiative for loss reduction O. Hungr
and J. Locat

2016
City of Vernon Financial Plan. 2016-2020
Budget Summary
Change Request for 2016:
No change requests at this time.
In 2015, Land Services provided revenue to the City through
management of City owned lands and buildings including:
commercial lands and buildings, the airport – commercial,
infield, and tie-down lands, undeveloped park lands, and spray
irrigation lands. Land Services provided recommendations to
Council regarding development and disposition of City
owned lands.
Highlights of Current Year:
-Land Services will continue responsibility for negotiating the
acquisition and sale of property on behalf of the City. Land

Services will continue to evaluate encroachments on City lands
and facilitate appropriate dispositions. In addition,
recommendations will be provided and negotiations facilitated at
the request of Council, and on an on-going basis for: Operations,
Engineering, Planning, Facilities, Parks, Economic
Development, and Administration. Targeted projects for Land
Services in 2016 include: recommendations to Council
regarding the development potential of City owned,
Downtown properties; completion of the subdivision of the
McMechan Reservoir Lands and a
report to Council on disposition options; and a report to
Council regarding the potential development of the Hesperia
Lands.
2017, November 27th
. Castanet-
Vernon city council has approved the sale of the old McMechan
Reservoir at 901 39th Avenue for $6,492,754. The 19.6 acre
portion, situated by Mutrie Road at the far edge of East Hill, has
been sold to Vernon Reservoir Developments Ltd. although
what it will be used for remains a mystery. –
2017 November 28th
The City of Vernon has entered into a sales agreement with
Vernon Reservoir Developments Ltd. for a 19.6 acre portion of
the McMechan reservoir lands (901 31 Avenue) for just under
$6.5 million. The vision for a new neighbourhood proposes high
quality development with a variety of housing types needed in

Vernon, including single family homes on small lots, duplexes,
townhouses and row houses. -- The City was approached in
April 2017 by the developer regarding the City-owned lands.---
The site was previously used as a water reservoir for Greater
Vernon Water and was decommissioned in 2006. Since that
time, the City has explored a variety of ways to prepare the site
for sale and development, all of which required the City to make
a significant investment. Brett Bandy, Real Estate Manager, City
of Vernon
2017
2017 Annual Report For the Fiscal Year Ending December 31,
2017 | Vernon, British Columbia
Land Services- Outlook
Targeted projects for Land Services in 2018 include:
recommendations to Council regarding the development
potential and interim use of City owned, Downtown properties,
the McMechan Reservoir Lands and the Hesperia Lands.[So, it
appears that the City entered into a sales agreement with
Vernon Reservoir Developments Ltd before Council considered
the Land Services recommendations regarding the development
potential and interim use of the McMechan Reservoir Lands.]
2018

Financial Plan 2018-2022.
. Budget Year: 2018 Manager: Brett Bandy
Division: Corporate Services Accounting Reference: 130Stage:
Approved: Yes
Outlook for Upcoming Budget:
-Targeted projects for Land Services in 2018 include:
recommendations to Council regarding the development
potential and interim use of City owned, Downtown properties,
the McMechan Reservoir Lands and the Hesperia Lands.
2018 JANUARY 8th
.
MINUTES OF A REGULAR OPEN MEETING OF COUNCIL
HELD MONDAY, January 8th
2018Mayor Mund reconvened
the Regular Open meeting and requested a motion to move to In
Camera. Moved by Councillor Spiers, seconded by Councillor
Lord: BE IT RESOLVED that the meeting be closed to the
public in accordance with Section 90(1) of the Community
Charter d) the security of the property of the municipality;
e) the acquisition, disposition or expropriation of land or
improvements, if the Council considers that disclosure could
reasonably be expected to harm the interests of the
municipality;
[How would open discussion, of the declared sale of the
McMechan Reservoir, harm the interests of the City of Vernon?]

2018 JANUARY 8th
.
REGULAR COUNCIL MEETING. File: 0550-05
COMMUNITY INFRASTRUCTURE AND DEVELOPMENT
SERVICES
McMechan Reservoir Lands Rezoning Application
Administration has been working with the potential developer
and the design team to outline
the direction provided in the Small Lot Residential land use
designation in the Official
Community Plan (OCP) and best practices in neighbourhood
planning in an effort to assist
in the preparation of the anticipated rezoning application.
[“and best practices in neighbourhood planning” means the
neighbourhood being developed, not the established adjacent
neighbourhoods]
2018. January 11th
.
THE CORPORATION OF THE CITY OF VERNON
INTERNAL MEMORANDUM

TO: W. Pearce, CAO: FILE: Z0N00294
PC: K. Flick, Director, Community Infrastructure and
Development: DATE: January 11, 2018
FROM: C. Corbett, Long Range Planner
SUBJECT: MCMECHAN LANDS DEVELOPMENT
CONCEPTS AND PUBLIC PARTICIPATION
Over the last number of months, Administration has been
working with the potential developer and their team of
professionals to develop concepts for a small lot residential
neighbourhood on the site located at 901 39th Avenue.
-Although it is not standard practice to conduct public
participation outside the public hearing process for a typical
rezoning application, the size and scope of the subject
development could be considered a mini-neighbourhood plan,
thus warranting an increased level of consultation.
[None of the very extensive development details included the
impact the Development would have on the structural integrity
of the surrounding homes]
2018, January 22nd
REGULAR OPEN COUNCIL AGENDA — JANUARY 22,
2018
2. RESOLUTION TO CLOSE MEETING
A. BE IT RESOLVED that the meeting be closed to the public
in accordance with Section 90 of the Community Charter as
follows:

a) personal information about an identifiable individual who
holds or is being considered for a position as an officer,
employee or agent of the municipality or another position
appointed by the municipality;
c) the security of the property of the municipality;
d) the acquisition, disposition or expropriation of land or
reasonably be expected to harm the interests of the
municipality;
k) negotiations and related discussions respecting the proposed
provision of a municipal service that are at their preliminary
stages and that, in the view of the Council, could reasonably be
expected to harm the interests of the municipality if they were
held in public
[How would open discussion of the declared sale of the
McMechan Reservoir harm the interests of the City of Vernon?
See- 2018 July 23rd
]

2018, January 22nd
SUBMITTED BY: SUBJECT: Mathew Keast Municipal
Technician III & Ed Stranks, Manager, Engineering
Development Services COUNCIL MEETING: REG El COW
0 I/C COUNCIL MEETING DATE: January 22, 2018
REPORT DATE: January 8, 2018 FILE: 3900-02
AMENDMENT OF THE SOIL REMOVAL AND
DEPOSITION BYLAW #5259 PURPOSE: To propose
amendments to Soil Removal and Deposition Bylaw #5259 and
Fees and Charges Bylaw #3909. RECOMMENDATION:
THAT Council support the proposed amendments to Soil
Removal and Deposition Bylaw #5259 as shown in red in
Attachment 1 in the report dated January 8, 2018 by the
Municipal Technician III and the Manager, Engineering
Development Services;
AND FURTHER, that Council support amending Fees and
Charges Bylaw #3909, Section 2 by replacing the existing
header of "Planning, Development and Engineering Services"
with "Community Infrastructure and Development";

AND FURTHER, that Council support amending Fees and
Charges Bylaw #3909, Section 2 subsections as follows:
R. Pre-Blast Surveys — Collection Fee by replacing the text
"site preparation permit" with "Soil Removal and Deposition
Permit";
AA. Site Preparation Permit by deleting this subsection entirely
and adjusting numbering of all following sections to reflect this
deletion; and
S. Soil Removal and Deposition Permit Application Fee by
adding: "Type A" and "Type B" and replacing the existing $75
fee with "$100" for "Type A" and "$100 plus $50 per drawing
sheet provided for review" for "Type B".
ALTERNATIVES & IMPLICATIONS: 1. THAT Council not
support the proposed amendments to the Soil Removal and
Deposition Bylaw #5259. Note: This would result in
development not providing a higher level of detail and securities
where land is being altered in the absence of other development
applications (e.g. subdivisions and building permits). This could
result in grading changes without detailed review of the
potential impacts which may impact environmentally sensitive
areas and overland drainage routing. Changes proposed also
recognize the scale and associated cost of grading projects and
reflect this in the level of detail, cost and securities required.
Proposed changes also address grading for farming purposes
that are currently exempted. P137
BYLAW NUMBER 5259

A bylaw to regulate the removal and deposition of soil within
the City of Vernon
3. DEFINITIONS
3.1 In this Bylaw:
"Land" means any land within the boundaries of the City
including land covered by lakes, streams, wetlands or other such
watercourses;
6. PERMIT REQUIREMENTS
6.1 Every application for a Permit pursuant to this bylaw shall
be made in writing to the Director of Community
Infrastructure and Development on the application form
provided and shall specify the type of permit requested, either:
6.2 Every application for a Type A Permit shall contain
information with respect to the following matters:
(d) detailed plans drawn to a scale of 1:1000 or larger, covering
the proposed soil removal/deposit site and all adjacent lands,
showing all pertinent topographic features, including existing
buildings, structures, wells,
6.3 In addition to the requirements set out in Section 6.2, every
application for a Type "B" permit shall include:

(c) detailed plans providing Erosion and Sedimentation Control
(ESC) measures (temporary and permanent), including a
description of the type of soil(s) or other material;
(e) report from a Qualified Professional confirming structural
stability of fill areas for their proposed future use;
6.5 Application for a Permit shall be made to the Director of
Community Infrastructure and Development, who shall
refuse to issue a Permit if the plans, data and specifications do
not satisfactorily meet the requirements of this Bylaw.
6.6 A Permit issued pursuant to this Bylaw shall be
subject to the following conditions: (d) no person
shall remove or deposit soil so as to encroach upon,
undermine or physically damage any property;
(a) a Permit applies only to the removal or
deposition area(s) as specifically set out and
described in the Permit;
[I do not understand how these Conditions can be met by the
Developer without a Geotech. Assessment that looks at the
surrounding soil conditions, and how the stability of the
surrounding soil and buildings will be affected by the
Development. Also, the City creates the bylaws that dictate the
Conditions of Development; demands that the Developer
provide proof that those Conditions are being met; issues
Permits after establishing the Developer’s intentions meet those
Conditions; imposes fines if they are not met, yet bears no

responsibility or accountability for the consequences of any
breach of those Conditions.]

[If any lining has been removed there may be potential damage
to surrounding privately-owned property as a result of seepage-
at the present time]
2018 February 26
SUBMITTED BY: Mathew Keast, Municipal Technician III &
Ed Stranks, Manager Engineering Development Services.
COUNCIL MEETING: REG COW LI I/C El” DATE:, February
26,2018
REPORT DATE: February 13, 2018
FILE: 6455 — Schedule F
SUBJECT: AMENDMENT OF THE SUBDIVISION AND
DEVELOPMENT SERVICING BYLAW #3843 SCHEDULES
F — DRAINAGE SYSTEMS
3. In order to enable system design to achieve the goal of
managing the full spectrum of rainfall events, Administration
followed the guidelines set out and followed by several
municipalities in British Columbia, called "Drainage Planning:
A Guidebook for British Columbia — May 2002". The full

spectrum of rainfall events fall into the following three
categories:
• Rainfall Capture (Retain) — The small rainfall events, which
account for the bulk of the total
rainfall volume, are to be captured and infiltrated (or reused) at
the source.
• Runoff Control (Detain) — The intermediate events are to be
detained and released to
watercourses or drainage systems at a controlled rate to mimic
undeveloped land.
• Flood Risk Management (Convey) — The extreme events are
to be safely conveyed to
downstream watercourses without causing damage to property. [
This would require the storage tanks: would be in the Grading
and Drainage Plan the City says is confidential]
[Since the Reservoir is incompletely filled, and the bank lining
removed, with an additional Dugout adjacent to Uplands
Parking Lot, any extant Grading and Drainage Plan does not
apply. Likewise, the extant Erosion and Sediment Control Plan
that was required for the Development of the McMechan
Reservoir cannot apply. The present Reservoir and the Dugout
are exposed to the elements, without any assessment of the risk
to the structural stability of the surrounding homes.]

2018. April.
901 39 Ave. – McMechan Reservior – Vernon B.C.
Environmental Assessment.
Submitted To: City of Vernon on April 2018.
Prepared by: Makonis Consulting Ltd West Kelowna, B.C. On
behalf of Prima Engineering Inc. Stoni Developments Inc.
Makonis Project No: 2018 – 100
4.0
Neighborhood plans for the subject can be seen in Figure 1.
Overall, the subject property is considered anthropogenically
disturbed. Habitat values for the entire site are low, and
biodiversity of the site is also considered low. As such, the
environmental impact due to site development is considered
low.
Impacts from construction on the surrounding
neighborhoods and agricultural lands should be mitigated.
[ To mitigate, an impact study on the surrounding
neighborhoods would have to be done. It was not done. No
efforts were taken to mitigate impact on the surrounding
neighborhood ]

2018 June 23th.
ADOPTION OF AGENDA
2) ADOPTION OF MINUTES
January 9, 2018 (attached)
3) UNFINISHED BUSINESS:
a) Highlands of East Hill (McMechan Lands) – discussion
MCMECHAN REZONING – ATTAINABLE HOUSING
WORKSHOP
The Committee was provided with an overview of the planning
process, concepts and preliminary design for the proposed
development.
2018, July 9th
MINUTES OF A REGULAR OPEN MEETING OF COUNCIL
HELD MONDAY, JULY 9, 2018
BE IT RESOLVED that the meeting be closed to the public in
accordance with Section 90 of the Community Charter as
follows:
(e) the acquisition, disposition or expropriation of land or
reasonably be expected to harm the interests of the municipality;
Carried
2018, July 23
At the REGULAR OPEN COUNCIL AGENDA — JULY 23,
2018 the Official Community Plan By laws were amended to
allow the high density development to proceed. “Public and
Institutional” to “Residential Small Lot”

2018, July 23rd
COUNCIL MEETING: REG COW D I/C COUNCIL
MEETING
HIGHLANDS OF EAST HILL COMPREHENSIVE
DEVELOPMENT REVIEW
PROCESS (McMechan) (P. 278)
B. Rationale:
1. Background
The site located at 901 39th Avenue (Figures 1 and 2), known as
McMechan Reservoir site, was formerly used as open air water
reservoir cells until it was decommissioned in 2006. Since then,
the City has explored a variety of ways to prepare the site for
sale and development, all of which
required the City to make a significant investment. After being
approached by a potential developer, Council supported a sales
agreement with Vernon Reservoir Developments Ltd. to sell a
20 acre portion of the site for -$6.5 million in December 2017.
Vernon Reservoir Developments Ltd. has since applied for an
OCP Amendment, a Zoning Bylaw Amendment and a Phased
Development Agreement to facilitate a proposed development.
Over the last number of months, a comprehensive review
process has been undertaken regarding the development
applications to build a small lot

residential neighbourhood and a small mixed use commercial
node. Administration has been working with the potential
developer and their team of professionals to refine the
development proposal.
E. Relevant Policy/Bylaws/Resolutions:
At its Regular Meeting of January 22, 2018, Council passed the
following resolution:
"THAT Council support presenting the proposed development
concepts, as outlined in the memorandum titled "McMechan
Lands Development Concepts and Public Participation" dated
January 11, 2018 from the Long Range Planner, on
engagevernon.ca and at an open house to inform the public and
gain feedback for Zoning Amendment Application Z0N00294."
[I could not find this resolution, presumably it was passed
during the closed session, January 22nd
2018]]
BYLAW NUMBER 3843 SCHEDULE F - DRAINAGE
SYSTEMS
REGULATIONS, STANDARDS AND SPECIFICATIONS
FOR THE DESIGN AND INSTALLATION OF DRAINAGE
SYSTEMS
[ The actual Grading and Drainage Plan for the Development
is not included, neither is it included in the submissions of the
Long Range Planner. Also, there is no reference to
neighborhood homes ]

2018 August 13th
.
Regular Open Meeting of Council
5705 [viii] THAT Bylaw #5705 “City of Vernon Phased
Development Agreement [McMechan] Bylaw No 5705 2018” –
a bylaw to enter into a phased agreement, be read a first and
second time.
BYLAW NUMBER 3843: SCHEDULE F – DRAINAGE
SYSTEMS
4.02 Erosion and Sediment Control Plan - The lot grading plan
shall show: c. How the development proposal will affect
adjacent lands. …
SCHEDULE 'A'
Attached to and forming part of Bylaw #5705

"City of Vernon Phased Development Agreement
PHASED DEVELOPMENT AGI (McMechan) Bylaw Number
5705,2018"
This Agreement is dated for reference BETWEEN:
VERNON RESERVOIR DEVELOPMENTS LTD., AND: THE
CITY OF VERNON,
1.5 Indemnity
The Developer shall indemnify the City against all claims,
causes of action, suits, demands, fines, penalties, costs,
deprivation, expenses or legal fees whatsoever, whether based in
law or equity, whether known or unknown, which anyone has or
may have against the City or which the City incurs as a result of
any loss, damage or injury, including economic loss or
deprivation, arising out of or connected with this Agreement,
including the restrictions and requirements of this Agreement, or
any breach by the Developer of any of its obligations in this
Agreement.
[Where does that put us?]
2018, Sept. 4.
REGULAR OPEN COUNCIL AGENDA. A. Public Hearing
scheduled for at 5:30 pm at City Hall:
1"City of Vernon Phased Development Agreement (McMechan)
Bylaw No. 5705, 2018"
C. THAT Bylaw #5705, "City of Vernon Phased Development
Agreement (McMechan) Bylaw No. 5705, 2018" – a bylaw to

enter into a phased development agreement, be read a third time
and adopted. (P. 752)
REGULAR OPEN COUNCIL MEETING. Bylaw 5470
5703- Amend Section 28 Development Permit Area #2
(Neighbourhood District) to ADD NEW Policy 28.59 for CD6 –
Comprehensive Development Area 6;
Amend the Land Use Map to re designate Lot A, Sec 2, Twp 8,
ODYD, PL 23439 Exc PL KAP46541 and KAP47921 (901 39th
Avenue) from “Public and Institutional” to “Residential Small
Lot – Single and Two Family Dwelling” AND from
“Residential Small Lot – Single and Two Family Dwelling” to
“Public and Institutional” (Vernon Reservoir Developments
Ltd.)
2018 SEPTEMBER 4th
.
REGULAR OPEN COUNCIL AGENDA
LANDSCAPE REQUIREMENTS - Highlands of East Hill
This document will form part of the Phased Development
Agreement and be required and implemented as part of the
subdivision process.
CITY OF Vernon
1.0 GRADING AND DRAINAGE
Grading shall be directed to front and/or rear yards only, for
surface drainage of each lot to a public road or laneway. No

grading shall drain a property into a neighbouring private or
public property. Ponding or pooling water on private property is
not permitted.
Surface runoff from rooves and gutters shall be directed to the
street by underground pipe or swale.
Surface runoff from rooves and gutters may be retained in a rain
barrel or other closed container.
The minimum grade for any lawn area is 2% from house to
road/lane and maximum grade for lawn areas is 20% from
road/laneway to house. The minimum grade for planting beds is
3% down to roads/laneways.
[City required the Developer to include a closed container
system/ underground tank. This would be in the Grading and
Drainage Plan, a copy of which the City would not provide,
although the request was made under FOI ]
[The intent is to collect precipitation run off and release in a
controlled manner so as not to overload the City’s existing
system. At the same time the risk of seepage and erosion is
reduced. If such a system was required with the completed
development what is the risk of seepage and erosion under the
present circumstances: an unprotected dugout and a partially
filled reservoir? ]
[I have not been able to obtain the Grading and Drainage Plan
for the Reservoir Development. No mention of the storage tanks.
See -
CITY OF Vernon
BYLAW NUMBER 3843 SCHEDULE F — DRAINAGE
SYSTEMS

- Building Permits will not be issued for lots currently going
through a subdivision that do not have an accepted lot
grading plan for that site.
Lot grading and drainage systems shall be designed to the
satisfaction of the City Engineer to provide for proper drainage
of the land and the lots created by the proposed development; to
prevent the flow of drainage onto adjoining lands, the possible
ponding of drainage thereon, and for the prevention of
erosion, both within the development and on adjacent lands.
Lots shall be graded to drain to a municipal drainage system,
independent of adjacent lots. Minimum lot grades shall be 1.0
percent.]

2018 September 4th
Public Hearing of Council
Q. Council – Does pre-development runoff meet the post
development drainage?
A. Admin: Essentially site is grassland drainage and acts as own
retention system.
[If that was to be the case why was the Developer required to
include underground closed container systems?]
Q. Council – What would an onsite storm management plan
look like?
A. Admin: Catch basins, ground water goes into pipe system
then into underground tanks. Cascade tank to tank. More than
one tank would be installed so adequate storage would be in
place. Holding water back and release slowly.
Admin: Damage to existing structure – nothing in geotech
reports that talks about that potential - would require developer
to deal with should it occur [between two property owners]
[ The Developer was not obliged, by the City, to assess any
possible damage to neighbouring homes. So the Geotech reports
would not assess that issue! Our request to have a Geotech
assessment done that would look at possible damage to
neighbouring homes was denied.]

2018 September 24th
Agenda
1.02 Storrnwater Management Objectives
1.04 Performance Targets
Vernon's stormwater management approach is to manage the
complete spectrum of rainfall events identified in Section 1.03.
All new development projects in the City of Vernon must
incorporate stormwater management systems that address the
following Performance Targets:
• Rainfall Capture (Retain) — The small rainfall events (Tier
A Events) are to be captured and infiltrated or reused at the
source. Capture the first 10mm of rainfall per day over the
2impervious area of the site (100m3per 2impervious hectare per
day) and restore it to natural hydrologic pathways through
infiltration, evapotranspiration, rainwater reuse or some other
acceptable means based on site conditions. Where a

geotechnical engineer has confirmed that site conditions limit
the ability to reach this Performance Target and where all other
methods of source control to attain this target are not possible,
excess flows may be dealt with using Runoff Control, subject to
this not negatively impacting the downstream system and
acceptance of this by the City Engineer as a viable alternative.
o Runoff Control (Detain) — The intermediate events (Tier B
Events) are to be detained and released to watercourses or
drainage systems at a controlled rate. Detain the next 10mm of
rainfall per day over the 2impervious area of the site (100m3 per
2impervious hectare per day) and release to drainage systems at
controlled rates mimicking natural flow rate. Release rates are
not to exceed the 2 year pre development grassland condition
(c=0.2) flow rates using the area of the entire site in the Rational
Method calculation.
• Flood Risk Management (Convey) — The extreme events
are to be safely conveyed to downstream watercourses without
causing damage to property. Ensure that the stormwater plan can
safely convey storms greater than 20mm of rainfall per day (Tier
C Event) up to and including the 100-year rainfall event.
2018, December 31st
City of Vernon 2018 Annual Report
Land Services provides management….
Highlights
In 2018, Land Services facilitated the proposed sale of the
McMechan Reservoir Lands as directed by Council in late 2017.

October 4, 2018.
Field Review: Ecora Engineering & Resource Group Ltd.
[The following images were obtained through FOI. They show
that the Clay Lining has not been removed. The Asphalt Lining
was removed from the bank slopes. Most of the fill was tipped
down from above. This means that the Clay Lining extends
under the part that has been developed up to now. The
implication of this for present and future Grading and Drainage
requires a Geotech Assessment: as requested by the Strata.]
Inspectors Remarks/Observations:
1. At the time of site visit, the contractor had stripped the bank
slopes and removed the asphalt beneath the mentioned lots. (See
photos 1 & 2). The subgrade comprised native firm to stiff clay.
2. The contractor proposes to use the stockpile of soils located
around the “Road A” & 43 Ave entrance for structural fill in the
lower lifts of the above mentioned lots and the existing berm fill
as it is cut down to lot grades.
[There is no mention of the lining across the bottom of the
Reservoir. The subgrade must refer to the bank slopes. As the

photograph shows, the bottom of the Reservoir had not been
removed; the shrubs growing must have been there for some
time. It could not be “native firm to stiff clay”.
None of the Field Reviews mentioned Clay Lining/]
Overview
of
stripped area. [Looking West] October 4th. 2018

Placement along the NW section. (Looking SW Oct 11, 2018)

Placement along the north section (Looking west Oct 15,
2018)

Placement along the N and NW sections. (Looking NE Oct
12, 2018

Placement focused along the north section. (Looking east
Oct 16, 2018)

Lots ~3-8 cut to rough grade. (Looking east, Oct 18)
Placement along lots ~1-8. (Looking east, Oct 30)

Lots 18-30 structural fill. (Looking south from ~lot 19. Dec.
4)

Lots 18-30 structural fill. (Looking south from ~lot 21)
2019
Financial Plan 2019-20-23: Department Summary: LAND
SERVICES (130)
Division: Corporate Services Accounting Reference: 130
Stage: Approved: Yes:
Highlights of Current Year -In 2018, Land Services facilitated
the proposed sale of the McMechan Reservoir Lands as directed
by Council in late 2017
2019 January 10th
INTERNAL MEMORANDUM

TO Will Pearce, CAO
FILE: DP000791
PC K. Flick, Director, community lnfrastructure
DATE January 10,2019
and Development
FROM K. Chamberlain, Planning Assistant, Current
Planning
SUBJECT DEVELOPMENT PERMIT APPLICATION
(DP0OO791) FOR THE HIGHLANDS OF
EAST HILL
RECOMMENDATION:
THAT council receive the memo titled "Development Permit
Application (DP000791) for
the Highlands of East Hill" and dated January 10, 2019 from the
Planning Assistant'
Current Planning for information. –
ln the future, and within 60 days of the release of Dp0007g1 ,
Administration will bring forward a recommendation regarding
the proposed joint venture between the City of Vernon and the
Developer for Council’s consideration.
[It seems that the work to date, as seen is the preceding
photographs, was done prior to the Administration bringing
forward a recommendation regarding the proposed joint
venture]
2019 January 21st

AGENDA
REGULAR OPEN MEETING OF COUNCIL
9. UNFINISHED BUSINESS
A. THAT Council receive the memo titled "Development Permit
Application (DP000791) for the Highlands of East Hill', dated
January 10,2019 from the Planning Assistant Current Planning,
for information.
2019 February 11tth
Page 8. Vernon Reservoir Developments [McMechan Reservoir]
Sales Agreement Partnership Option [0911-20-14]
‘That Council direct Administration to respectfully decline the
proposed partnership option offered by Vernon Reservoir
Developments Ltd. in the sale and development of the former
McMechan Reservoir land located at 901 39th
Avenue;
AND FURTHER, that Council direct Administration to
complete the sale and transfer of the subdivision 7.71 hectares of
land shown as Lot 2 on Plan EPP88388, to Vernon Reservoir
Developments Ltd, for the price of $6,492,754;
2019, April 3rd
. Appendix 8 and 9
Meeting of Ann Macmillan and myself with Vernon City
Planner and City Engineer: Ms Keltie Chamberlain and Mr Ed
Stranks Appendices 8 and 9
[Compare the answers, in italics, with subsequent findings etc
listed in this document]

2019 April 17th
.
John Grods, R.P. Bio. Makonis Consulting Ltd.
955 Westbrook Drive. Kelowna, B.C.
V1Z 1R5
Dear Mr Grods
Re. the 901 39 Ave. – McMechan Reservior – Vernon B.C.
Environmental Assessment. Makonis Project No: 2018 – 100.
4.0 Impact Assessment
- “Impacts from construction on the surrounding neighborhoods
and agricultural lands should be mitigated.”
Can you please tell me how the impacts from the Highlands
Development on the surrounding neighborhoods are being
mitigated?
Also, how is it possible to implement such mitigations without
first doing an impact/risk assessment on the neighboring homes?
My understanding is that Stoni Consolidated, the Developer, is
obliged to fulfil the conditions laid out in the Environmental
Report, Makonis Project No 2018 – 100, while Makonis
Consulting is responsible for seeing that the conditions of the
Environmental Report are fulfilled by Stoni Consolidated.
I have attempted to contact you by e-mail, but my e-mail address
was apparently blocked.
Yours truly. Barry Stanley
brrstanley@gmail.com [I never received a reply, but it was
received]
2019 May 27th.
REGULAR OPEN MEETING OF COUNCIL MONDAY.

MINOR AMENDMENTS OF PHASED DEVELOPMENT
AGREEMENT BYLAW #5705 FOR HIGHLANDS OF EAST
H|LL (2ON00294) AMENDMENT OF CORPORATE POLICY
.SUBDIVISIONS – BUILDING PERMITS IN NEW
SUBDIVISIONS ' [0110-40)
'THAT Council support the minor amendments to the Phased
Development Agreement Bylaw #5705 as outlined in the report
titled "Minor Amendments of Phased Development Agreement
Bylaw #5705 for Highlands of East Hill", dated May 16, 2019
from the
Planner, Economic Development and Manager, Engineering
development; AND FIJRTHER, that the proposed minor
amendments be adopted following the purchase of the subject
property.'
2019 [- the development started. David Roskam, Construction
Manager at the time, told me that the lining had to be removed
for the development to proceed.]
[Obtaining information from the City is next to impossible. It
was only after going through BC freedom of information that I
obtained the following response.]

July 18, 2019 Email: brrstanley@gmail.com
Dear Mr. Stanley;
Re: Freedom of Information and Protection of Privacy Act
(the “Act”)
Request for Access to Records
Reference No. 0580-20-2019-27
I am writing in response to your request dated June 25, 2019 for
the records related to:
written references, in minutes, reviews, reports and plans,
about the impact/risk of the development, known as the
Highlands of East Hill, of the McMechan Reservior on the
integrity and value of neighboring buildings: including the
homes in the Uplands gated community, 900 43rd Avenue in
Vernon, BC. Relating to the structural integrity of the
neighbouring homes.
Please be advised that we have no records on file related to this
request.
Please contact me at 250-550-3491 or via email at
kpaterson@vernon.ca if you have any questions in this regard.
Yours truly,

[So- The City made no attempt to assess the impact on
surrounding homes by the proposed 2018 development.]
2019, August 8th
.
News Release from City of Vernon
Highlands of East Hill Development
--The development is proposed to be built on the site of the
former McMechan Water Reservoir. The development lands are
currently owned by the City.
The City has a contract to sell the lands to Vernon Reservoir
Developments Limited. The City and Vernon Reservoir
Developments Limited have a disagreement over the
interpretation of the contract.—
2019 August 13th
From: barry stanley brrstanley@gmail.com
Subject: Re: Freedom of Information and Protection of Privacy
Act (the “Act”) Request for Access to Records Reference No.
0580- 20-2019-27
Date: August 13, 2019 at 12:08 PM
To: Kim Flick KFlick@vernon.ca
Cc: annatuplands22@gmail.com, J B
blackwatchboy@gmail.com, Keltie Chamberlain
KChamberlain@vernon.ca, EStranks@vernon.ca, Brett Bandy
BBandy@vernon.ca, Sheila Bridge SBridge@vernon.ca, Will
Pearce WPearce@vernon.ca, Mayor mayor@vernon.ca
Dear Ms Flick

Thank you for your email of August 9th. I did not ask why the
City did not do a risk assessment on behalf of the Developer.
Apparently I was not clear enough. The Developer has made it
clear to me that, not withstanding all the etcs, he did not do a
risk assessment because he was not legally obliged to do so.
My question is to the City. Why did the City choose not to
assess the risk of the Reservoir Development to the structural
integrity of the surrounding homes?
Yours truly. Barry Stanley
[I never received a reply to this e-mail ]
2019 September 8th
From: barry stanley brrstanley@gmail.com
Subject: Risk of structural damage to homes adjacent to the
Vernon Reservoir.
Date: September 8, 2019 at 4:36 PM
To: Kim Flick KFlick@vernon.ca, Ann MacMillan
annatuplands22@gmail.com, J B blackwatchboy@gmail.com,
Keltie Chamberlain
KChamberlain@vernon.ca, EStranks@vernon.ca, Brett Bandy
BBandy@vernon.ca, Sheila Bridge SBridge@vernon.ca,
Will Pearce WPearce@vernon.ca, Mayor mayor@vernon.ca
Dear Ms Flick
Further to my email of August 13, asking why the City chose to
not to assess the risk of structural damage to homes adjacent to
the McMechan Reservoir development, to which you have not
replied.

As per BC legislation, the McMechan Reservoir had a lining to
contain water. I understand that the housing development
required that the lining be removed.
Please explain what impact rain and snow will now have on the
stability of the surrounding earth, and is there any risk to the
structural integrity of the surrounding homes?
Yours truly
Barry Stanley
[I never received an answer to these questions]
2019
Motion to be presented at the Uplands AGM, 2019.
Proposed by Barry Stanley
Seconded by Ann MacMillan
That the Strata write to the City of Vernon requesting-
1- That the City do a GeoTech assessment of the risk to the
structural integrity of adjacent homes of any future
development of the McMechan Reservior site.
2- That the City do a GeoTech assessment of the present risk
to the structural integrity of adjacent homes resulting from
the recent development of the McMechan Reservior site.

[ Not withstanding the byzantine wording, the City could have
agreed to our request in the interest of surrounding taxpayers:

or, alternatively required the Developer to do the Geotech
assessments.]
2020 April 12th
.
“If there was a lining in one of the three reservoir cells, those
linings were removed before we entered the site.”
“2020 May 7th
. We did not remove any soils from the site
whatsoever. We have no information as if or when any clay was
removed.”
Jonathon Campbell Owners Representative
`[Again ,the photograph shows that the lining has not been
removed and appears to be covered by fill from the top of the
banks]
[If the lining was removed it would be the first time that
precipitation seepage at the Reservoir site has occurred in 100
years: This winter will be the first time. I emailed the City,
asking if the lining has been removed, and if so -when.]
2020 April 18th
-21st
.
Re. Clay Lining
From: Ed Stranks <EStranks@vernon.ca>

Date: April 21, 2020 at 10:02:39 AM PDT
To: barry stanley <brrstanley@gmail.com>
Cc: Kim Paterson <KPaterson@vernon.ca>
Subject: RE: McMechan Reservoir lining
I don't think the clay was removed.
The asphalt base in the northern cell was removed at the edges
where fill was placed. The remainder of the asphalt there
appears to have been removed just before the works ceased for
the year.
[ The City appears to have relied on the Developer to know what
was happening. The photographs show that the sloping edges
were stripped of the asphalt prior to fill being pushed over the
edges. Removal of the asphalt and clay lining from the floor of
the Reservoir would have been a major undertaking, and was
not observed by the residents of Uplands: nor was it recorded in
the ECORA Field Reviews. So, at the present time the situation
is that precipitation is contained by the lining, except at the
periphery where it is free to seep under the present fill.]
2020 APRIL 27th
.
REGULAR OPEN MEETING OF COUNCIL
CITY HALL COUNCIL CHAMBER
MONDAY, ,
STRATA CORPORATION K705 GEOTECHNICAL
REQUEST RELATED TO DEVELOPMENT OF
MCMECHAN RESERVOIR
(P. 173)

(ix) THAT Council directs Administration to advise Strata
Corporation K705 that claims for damage to existing properties
which may be attributable to adjacent development activity, are
the responsibility of the developer and requests for related
information should be directed to the developer.
[What we never see in the Council minutes is what is actually
said: as such they are not truly minutes. So we do not know the
opinions or reasons that result in the decisions made. However,
it is not unreasonable to conclude that the City has made every
effort to ensure that no matter the circumstances it will bear no
responsibility, to any degree, for any Development within the
Municipality]
2020 July 20th
InfoNews. Highlands of East Hill developer suing City of
Vernon over failed housing project
An Okanagan developer that abruptly pulled out of a large scale
Vernon housing project, even though it had managed to pre-sell
dozens of homes, is suing the City of Vernon claiming it breached
multiple agreements which ultimately caused the project to fail.

The developer also accuses the City of breaching of its duty of
disclosure after the Regional District of North Okanagan refused
to approve plans for Mutrie Road, which is on their land, and told
the City it was not in favour of the project in general as it was
concerned with increased drainage onto Regional District
land.
[It appears that the Grading and Drainage Plan, which would
have been included in the Geotech Report, is a key to
understanding the issues of the Development. Besides the
partially filled Reservoir a Dugout was left in the north/west
corner of the Development adjacent to Uplands Visitors Carpark
and 43rd
Av. This Dugout has no lining and must be prone to
seepage and erosion. See – British Columbia Farm Water
Dugouts.]
Barry Stanley

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